7 Amendments of Sergio Gaetano COFFERATI related to 2014/0120(COD)
Amendment 116 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 129 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) There should be appropriate controls in order to ensure that the founder of a single-member company is not a worker falsely declared as self- employed and as such deprived of the protection of labour law. In order to determine a genuine self-employment situation different elements should be taken into account, including inter alia factors related to the freedom to organise working time, place and activities, subordination and remuneration.
Amendment 132 #
Proposal for a directive
Recital 12
Recital 12
(12) To enable business to enjoy the full benefits ofguarantee fair competition in the internal market, Member States should not require the registered office of an SUP and its central administration to be in the same Member Stateat a single member company within the meaning of this Directive has its registered office in the same Member State where it has its principle place of business.
Amendment 166 #
Proposal for a directive
Article 10 – title
Article 10 – title
Seat of the SUP
Amendment 169 #
Proposal for a directive
Article 10
Article 10
Amendment 183 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Self-employment status of the founding member 1. Member States shall require that the founding member of the single-member company proves his/her genuine self- employment status. 2. A genuine self-employment status shall be presumed to be lacking where one or several of the following conditions are met: - The founding member has to submit to orders and instructions of another party in the performance of the work; - The founding member does not have the freedom to organise his/her working place, working time and relevant working activities; - The income of the founding member does not depend directly on the profits made; - The founding member receives periodic payment of remuneration, and such remuneration constitutes the founding member's sole or principal source of outcome.
Amendment 190 #
Proposal for a directive
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)